Kwartalnik Prawa Międzynarodowego最新文献

{"title":"Sprawozdanie z konferencji naukowej pt. „Mowa nienawiści w internecie  zmiany prawne i polityczne”","authors":"Karol Rzęsiewicz","doi":"10.5604/01.3001.0016.1886","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1886","url":null,"abstract":"Konferencja naukowa pod hasłem „Mowa nienawiści w internecie  zmiany prawne i polityczne” odbyła się w dniach 2425 listopada 2022 r. w ramach Akademii Prawa Europejskiego w Trewirze. Organizatorem przedsięwzięcia była doktor Magdalena Kędzior . Wśród osób biorących udział w wydarzeniu znaleźli się zasłużeni sędziowie, prokuratorzy, osoby występujące w interesie samorządów zawodowych: adwokackiego i radcowskiego, jak również reprezentanci organizacji międzynarodowych. Spotkanie poprowadzono w języku angielskim. Stworzyło ono okazję do zapoznania się ze specyfiką mowy nienawiści w internecie oraz nabycia kompetencji umożliwiających ochronę przestrzeni społeczeństwa obywatelskiego oraz wolności mediów\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128966758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law as a universal form of embodiment of the idea of justice.","authors":"I. Bulat, R. Pichko","doi":"10.5604/01.3001.0016.1820","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1820","url":null,"abstract":"The article examines the issue of the primary formulation of the idea of justice in philosophy. It is substantiated that justice is not just the central idea of law but a universal form of embodiment of the idea of justice. In other words, the law is a product of the idea of justice, since injustice could not be embodied in law. Modern geopolitical events, in particular, such as climate change, a pandemic, a war in Ukraine will lead in the future to a change in the regulation of public relations. According to this law, as the most effective regulator, will be subjected to serious pressure. The deformation of the existing legal matter occurs both in its formal expression at the level of legislation (in the broadest sense of this definition), and in a more subtle one - ideological and theoretical. These changes should be considered in view of the increasing practical issues raised by identity politics, as well as in issue of revising the meaning and role of the state for society and the individual in the whole. The events authors observe are comparable in scale to the time when the era of classical Greece ended, when the great philosopher Plato lived and worked, whose philosophical views continue to have a great influence on the intellectual search for European civilization after many centuries. It is not surprising that Plato's most important political dialogue \"The State\" was devoted specifically to the problem of searching and justice substantiation. In this first article the authors strive for drawing the attention of the scientific community to the issue of justice as a benefit. In legal science, the postulate that justice is the goal, the idea of law is consolidated. In the article the first embodiment of justice idea in the mythical representations of ancient civilizations and the relationship between justice and legislation as a mechanism of determining the desired level of justice in the former society are demonstrated. Аn attention on the content of the legal system with philosophical views of a justice idea in Roman times is focused. This formed a unique legal system known today as Roman law. A special class of lawyers, that was a specific phenomenon of the development of ancient Roman society, had an important influence on this process. Firstly, the presence of a class of lawyers is the cornerstone that distinguishes ancient Roman society from ancient Greek one. Secondly, the ideological and philosophical content of the law of Roman society and its going beyond the clear positive limits of the laws of Twelve tables enable. However, the authors offer the other point of view, owing to the fact that law in its form and purpose is a function of justice, a universal form of its implementation; according to which justice acquires the possibility of its practical implementation in society.\u0000\u0000null\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116557370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Aspects of Admissibility of Granting Protection to a Foreigner Who Refuses to Perform Military Service","authors":"Krzysztof Niewęgłowski","doi":"10.5604/01.3001.0016.1832","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1832","url":null,"abstract":"Issues related to the status and legal situation of individuals who refuse military service and seek protection on the territory of the Republic of Poland should in particular be considered in connection with the provisions of the Convention relating to the Status of Refugees with the 1967 Protocol and the Act of 13 June 2003 on Granting Protection to Foreigners on the Territory of the Republic of Poland. As a general rule, states have the right to require that their citizens perform military service on terms laid down in the domestic law of the state in question. Protection of individuals avoiding military service may only be granted in exceptional cases specified in the statutory law. In the light of the current legislative framework, granting international protection to a foreigner is possible where the oppression in particular takes the form of initiation or conduct of criminal proceedings or punishment for refusal to serve in the military during a conflict, where performing military service would constitute a crime or where there are solemn grounds to believe that performing the service would constitute, in particular, a crime against peace, a war crime or a crime against humanity under international law. The issue of granting protection to persons evading military service was also addressed by the Court of Justice of the European Union which in its judgment of 26 February 2015, C-472/13, focused on the issue of conditions for granting protection to third-country nationals under the European legislation and specified the conditions that must be met for protection to be granted.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126158328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contribution on Surplus Profits from the Fossil Fuel Sector","authors":"Karolina Tetłak","doi":"10.5604/01.3001.0016.1931","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1931","url":null,"abstract":"On 6 October 2022, Council Regulation (EU)2022/1854 on an emergency intervention to address high energy prices was adopted. The regulation introduces an instrument known as a ‘temporary solidarity contribution’ imposed on the oil, gas, coal and refinery sector as a means of recovering surplus profits generated from the fossil fuel crisis. The regulation also defines how the revenues are to be redistributed amongst the EU Member States. The aim of the article is to show that the discussed solidarity contribution has a fiscal nature and a legal attributes of a tax. It belongs to the category of public finance instruments aimed at redistribution of resources by means of tax and benefit interventions. The paper discusses in detail those provisions of the regulation that govern the elements of the solidarity contribution, indicating the tax nature of this measure.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133675667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interception of Communications on the Territory of Another European Union Member State Based on the European Investigation Order","authors":"Paweł Opitek","doi":"10.5604/01.3001.0015.9883","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9883","url":null,"abstract":"The article begins with an explanation of why the topic of the European Investigation Order and interception of communications was addressed. The great practical importance of this issue as well as the lack of detailed studies on this subject have been highlighted. The specialist character of the study paper was then explained and each stage of the procedure for the implementation of interception of communications on the basis of an EIO, i.e., the agreement between the parties, the approval by the prosecutor and the court, and the implementation of interception has been discussed. However, each of the abovementioned steps involves problematic issues pertaining to the facts of the case and the law, which had to then be analysed and the arising concerns resolved. Amongst other things, the article mentions that competent prosecutors read and evaluate the EIO before sending it to a court and propose their decision on the EIO and the role of the court in approving it. The issue of classification of confidential documents as secret and what must be done to effectively deliver them to the state that executes the EIO to implement the interception is discussed. The article concludes with a summary containing a brief description of the most important conclusions resulting from the detailed analysis of the research undertaken.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128350312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Esperanto as a Language of Legal Acts","authors":"P. Dzienis","doi":"10.5604/01.3001.0015.9880","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9880","url":null,"abstract":"‘Aliĝilo’ and ‘kotizo’, two Esperanto words commonly used when concluding contracts for the organization of Esperanto events, are referred to in this article as the symbols for analysing the use of Esperanto in civil law. Considerations around the concept of the linguistic form of a legal act are conducted on two levels. The first plane addresses legal transactions between Esperantists in the Esperanto movement in terms of their admissibility and legal weight. The second plane applies to common civil-law transactions, with a special emphasis on international trade, through the prism of the admissibility, weight, and areas of use of Esperanto.\u0000The author analyses the so-far merely signalling statements in the Polish civil-law doctrine concerning the legal meaning of the use of Esperanto and deepens research in this area. In this respect, the author analyses legal acts in general, limitations resulting from the application of the Polish Language Act and those legal acts that require a special form, such as last wills and testaments and bills of exchange, in terms of admissibility of expressing a statement of will in Esperanto. An important role is also played by the placement of the subject in the context of the following principles: freedom of contract and freedom of form of legal actions as well as equality of parties to legal relationships of the civil-law type. The procedural consequences of the use of Esperanto in the sphere of substantive law are also shown. In addition to evaluating numerous examples, the case of the practical application of Esperanto in law is discussed. The summary outlines advantages and risks as well as offers legislative proposals.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125644596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Polish Citizenship of the Parent as a Prerequisite for the Acquisition of Polish Citizenship by Birth (in the Light of the Recent Jurisprudence of the Supreme Administrative Court)","authors":"Jarosław Wyrembak","doi":"10.5604/01.3001.0016.0075","DOIUrl":"https://doi.org/10.5604/01.3001.0016.0075","url":null,"abstract":"According to Article 14(1) of the Act on Polish Citizenship of 2 April 2009, by operation of law a minor acquires Polish citizenship by birth if ‘at least one of the parents is a Polish citizen’. Likewise, Article 6(1), first sentence, of the formerly applicable Act on Polish Citizenship of 15 February 1962 stipulated as follows: ‘The child of parents, one of whom is a Polish citizen and the other a citizen of another country, acquires Polish citizenship by birth’. Although the latter of the cited provisions remained in effect until 14 August 2012, it is still applied in the jurisprudence of administrative courts due to the need to resolve citizenship of children born while it was in effect. Particularly in recent times the Supreme Administrative Court actively moulds the understanding of the abovementioned legal provisions (especially as regards the term ‘parents’ used therein), proceeding – depending on the child’s birthdate – either based on Article 6(1), first sentence, of the previously applicable Act on Polish Citizenship of 15 February 1962, or on the basis of Article 14(1) of the Act on Polish Citizenship of 2 April 2009. The primary subject of the analysis undertaken in the article are four judgments of the Supreme Administrative Court dated 30 October 2018, which are derived from the approach that: \u0000– the issue of acquiring citizenship ‘is exclusively subject to the public law regime’; \u0000– ‘norms of family law that indicate the methods of confirming biological kinship between a child and parents’, do not apply to the acquisition of citizenship; \u0000– ‘concepts of public law should not be interpreted through the lens of private law principles and norms’.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131922365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Position of an Equity Holder in the Company’s Restructuring Proceedings Under the Polish Restructuring Law and the Directive on Preventive Restructuring","authors":"Norbert Frosztęga, Hubert Woźniak","doi":"10.5604/01.3001.0015.9976","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9976","url":null,"abstract":"The obligation to transpose the Preventive Restructuring Directive encourages discussion on the position of an equity holder in the company’s restructuring proceedings. The assumptions of the Polish restructuring procedure do not ipso jure grant equity holders the status of a participant in the proceedings. The Directive recognizes the risk of gross prejudice to the rights of equity holders, entitling the EU Member States to grant them the status of participants in the proceedings. Currently, equity holders’ mute position means that they are not able to effectively oppose restructuring actions that are to the detriment of their share rights, especially when creditors seek a hostile takeover of the company. De lege lata, the restructuring law gives equity holders almost no defense tools against a hostile takeover of the company as part of the debt-for-equity conversion.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"175 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132356813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Out-of-Court Settlement of Consumer Sales Claims","authors":"Hieronim Ostrowski","doi":"10.5604/01.3001.0015.9971","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9971","url":null,"abstract":"The subject of the article is to describe and analyse the functioning of out-of-court consumer redress systems, which deal with the settlement of civil disputes between consumers and entrepreneurs related to the purchase of defective items. The practice of legal transactions involving consumers shows that regulations alone are not enough to ensure that their rights are protected. The essence of the problem boils down to a lack of determination on the part of consumers to pursue their claims. The deficiencies of the Polish justice system, such as high costs of proceedings, protraction of proceedings, uncertainty as to the court's decision on the case, and the inability to enforce court judgments, effectively dissuade consumers from fighting for their rights. The remedy for this may be the proceedings for out-of-court settlement of consumer disputes and the activity of permanent conciliation courts. The aforementioned conciliation systems are run by the Trade Inspection as a body dealing with the protection of consumer rights. As practice shows, these systems are not sufficiently used. There is a need for information and education among consumers and entrepreneurs at the central and local levels to promote amicable settlement of consumer disputes.\u0000\u0000","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124428312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Abuse of the Right to Complain Against Protraction of Court Proceedings. Commentary on the Ruling of the Regional Court in Lublin of 5 December 2018 in Case no. II S 202/18","authors":"P. Domagala","doi":"10.5604/01.3001.0015.9899","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9899","url":null,"abstract":"A complaint against protraction of court process filed under the circumstances suggesting that the sole purpose of this complaint is to bring the case to court (for instance, where it is filed in a hundred or so similar cases, all brought to the same court by the same individual, for exorbitant amounts, against numerous public bodies and officials) is admissible.","PeriodicalId":403517,"journal":{"name":"Kwartalnik Prawa Międzynarodowego","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132100040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}